Number of Affordable Housing Units Built in Town 1999-2018
Dear Clark Township,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
Documentation of the number of affordable housing units built in Clark from 1999-2018.
Yours faithfully,
John Greaves
Your request has been received and will be processed in accordance with the Open Public Records Act.
Edith L. Merkel, RMC
Township Clerk
Township of Clark
430 Westfield Ave.
Clark, NJ 07066
(732) 388-3669
To: John Greaves <[OPRA #63936 email]>
From: Edith L. Merkel, Township Clerk, Township of Clark
Re: OPRA request - Affordable Housing Units 1999-2018
Date: July 26, 2024
The Township of Clark received your Open Public Records Act (OPRA) request on July 24, 2024. The official Records Custodian, Edith Merkel, received your OPRA request on July 24, 2024. As such, the seven (7) business day deadline to respond to your request is August 2, 2024. This response to your request is being provided to you on the second business day after the custodian's receipt of said request.
Your OPRA request sought access to:
"Documentation of the number of affordable housing units built in Clark from 1999-2018."
It is unclear what document you are seeking. In the spirit of the law I am providing a copy of the 2017 Housing Element and Fair Share Plan. Please notify me if you can identify another document that would better satisfy your request.
If your request for access to a government record has been denied or unfilled within the seven (7) business days required by law, you have a right to challenge the decision by the Township of Clark to deny access. At your option, you may either institute a proceeding in the Superior Court of New Jersey or file a complaint with the Government Records Council (GRC) by completing the Denial of Access Complaint Form. You may contact the GRC by toll-free telephone at 866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by e-mail at [email address], or at their web site at http://www.state.nj.us/grc. The GRC can also answer other questions about the law. All questions regarding complaints filed in Superior Court should be directed to the Court Clerk in your County.
Dear Clerk's Dept.,
I am trying to understand how much of the affordable housing obligations were met by Clark in this time frame. I imagine that there are some documents that are sent to the state or some authority stating how many units were built so that the town gets credit for meeting its obligations. I'm happy to accept as many docs as you can provide, but I'm just looking for the number of units during that time to compare to the obligation.
Yours sincerely,
John Greaves
To: John Greaves <[OPRA #63936 email]>
From: Edith L. Merkel, Township Clerk, Township of Clark
Re: OPRA request - Affordable Housing Units 1999-2018
Date: July 26, 2024
Please be advised that your request is overly broad as it does not request specific identifiable records. See MAG Entertainment, LLC v. ABC, 375 N.J. Super. 534, 546-48 (App. Div. 2005). Your request is denied as it would require the Custodian to conduct research among all of the records maintained by the Township to locate and identify responsive records. See MAG, supra; Bent v. Stafford Police Department, 381 N.J. Super. 30 (App. Div. 2005); New Jersey Builders Association v. New Jersey Council on Affordable Housing, 390 N.J. Super. 166, 180 (App. Div. 2007); Schuler v. Borough of Bloomsbury, GRC Complaint No. 2007-151 (February 2009)
If you can identify the document you are seeking I will re-open the search.
If your request for access to a government record has been denied or unfilled within the seven (7) business days required by law, you have a right to challenge the decision by the Township of Clark to deny access. At your option, you may either institute a proceeding in the Superior Court of New Jersey or file a complaint with the Government Records Council (GRC) by completing the Denial of Access Complaint Form. You may contact the GRC by toll-free telephone at 866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by e-mail at [email address], or at their web site at http://www.state.nj.us/grc. The GRC can also answer other questions about the law. All questions regarding complaints filed in Superior Court should be directed to the Court Clerk in your County.
Dear Clerk's Dept.,
I would like the Annual Affordable Housing Monitoring Reports from Clark for the years 1999-2018
Yours sincerely,
John Greaves
I will re-open the search.
Edith L. Merkel, RMC
Township Clerk
Township of Clark
430 Westfield Ave.
Clark, NJ 07066
(732) 388-3669
To: John Greaves <[OPRA #63936 email]>
From: Edith L. Merkel, Township Clerk, Township of Clark
Re: OPRA request - Number of Affordable Housing Units Built in Town 1999-2018
Date: July 29, 2024
The Township of Clark received your Open Public Records Act (OPRA) request on July 26, 2024. The official Records Custodian, Edith Merkel, received your OPRA request on July 26, 2024. As such, the seven (7) business day deadline to respond to your request is August 6, 2024. This response to your request is being provided to you on the first business day after the custodian's receipt of said request.
Your OPRA request sought access to:
Annual Affordable Housing Monitoring Reports from Clark for the years 1999-2018
Response:
According to CGP&H, the Administrative Agent responsible for the administration of affordable units, Annual Affordable Housing Monitoring Reports are a more recent requirement after 2017. The attached records, were submitted to the State as required prior to 2017 and are responsive to your request.
If your request for access to a government record has been denied or unfilled within the seven (7) business days required by law, you have a right to challenge the decision by the Township of Clark to deny access. At your option, you may either institute a proceeding in the Superior Court of New Jersey or file a complaint with the Government Records Council (GRC) by completing the Denial of Access Complaint Form. You may contact the GRC by toll-free telephone at 866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by e-mail at [email address], or at their web site at http://www.state.nj.us/grc. The GRC can also answer other questions about the law. All questions regarding complaints filed in Superior Court should be directed to the Court Clerk in your County.